Common use of Advance of Expenses Clause in Contracts

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTH, in the event of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTH, any expenses (including attorneys’ fees) incurred by or on behalf of Indemnitee in defending an action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; provided, however, that the payment of such expenses incurred by or on behalf of Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that Indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTH. Such undertaking shall be accepted without reference to the financial ability of Indemnitee to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTHbelow, in the event that the Corporation does not assume the defense pursuant to Section 4 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; , provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHArticle. Such undertaking shall may be accepted without reference to the financial ability of Indemnitee such person to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTHbelow, in the event that the Corporation does not assume the defense pursuant to Section 4 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; , provided, however, that the payment of such expenses expense incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHArticle. Such undertaking shall may be accepted without reference to the financial ability of Indemnitee such person to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTH6.6 below, in the event that the Corporation does not assume the defense pursuant to Section 6.4 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHArticle. Such undertaking shall be accepted without reference to the financial ability of the Indemnitee to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTHbelow, in the event that the Corporation does not assume the defense pursuant to Section 4 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; , provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that Indemnitee the indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHArticle. Such undertaking shall be may he accepted without reference to the financial ability of Indemnitee such person to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTH9(f) below, in the event that the Corporation does not assume the defense pursuant to Section 9(d) of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHSection 9, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; , provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHSection 9. Such undertaking shall may be accepted without reference to the financial ability of Indemnitee such person to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTH9(f) below, in the event that the Corporation does not assume the defense pursuant to Section 9(d) of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHSection 9, any expenses (including attorneys’ ' fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; , provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHSection 9. Such undertaking shall may be accepted without reference to the financial ability of Indemnitee such person to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTHbelow, in the event that the Corporation does not assume the defense pursuant to Section 4 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHArticle. Such undertaking shall be accepted without reference to the financial ability of the Indemnitee to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTH5 below, in the event that the Corporation does not assume the defense pursuant to Section 3 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; , provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHArticle. Such undertaking shall may be accepted without reference to the financial ability of the Indemnitee to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTH5 below, in the event that the corporation does not assume the defense pursuant to Section 3 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ ' fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation corporation in advance of the final disposition of such matter; provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation corporation as authorized in this Article EIGHTHArticle. Such undertaking shall be accepted without reference to the financial ability of the Indemnitee to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTHbelow, in the event that the corporation does not assume the defense pursuant to Section 4 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation corporation in advance of the final disposition of such matter; provided, however, that the payment of such expenses expense incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that the Indemnitee is not entitled to be indemnified by the Corporation corporation as authorized in this Article EIGHTHArticle. Such undertaking shall be accepted without reference to the financial ability of the Indemnitee to make such repayment.

Advance of Expenses. Subject to the provisions of Section 6 of this Article EIGHTHbelow, in the event that the Corporation does not assume the defense pursuant to Section 4 of this Article of any threatened or pending action, suit, proceeding or investigation of which the Corporation receives notice under this Article EIGHTHArticle, any expenses (including attorneys’ fees) incurred by or on behalf of an Indemnitee in defending an a civil or criminal action, suit, proceeding or investigation or any appeal therefrom shall be paid by the Corporation in advance of the final disposition of such matter; , provided, however, that the payment of such expenses incurred by or on behalf of an Indemnitee in advance of the final disposition of such matter shall be made only upon receipt of an undertaking by or on behalf of the Indemnitee to repay all amounts so advanced in the event that it shall ultimately be determined that Indemnitee the indemnitee is not entitled to be indemnified by the Corporation as authorized in this Article EIGHTHArticle. Such undertaking shall may be accepted without reference to the financial ability of Indemnitee such person to make such repayment.